2008 Judge Wizmur - Opinions

Judge Judith H Wizmur -- Opinions signed in 2008

Feldman v. Granite Slate Ins. Co., No. 07-00111 3/5/2008

Plaintiff and defendant separately moved to sanction non-party for failure to appear at deposition. Respondant sought to avoid Florida subpoenas as improperly issued without first opening a New Jersey case file. Court determined subpoenas were in compliance with Rule 45 and sanctioned non-party for counsel fees.


In re Liverman, No. 07-20590, 383 B.R. 604 3/5/2008

Unsecured creditor and Chapter 13 trustee objected to confirmation of above-median income debtors' proposed plan, as allegedly failing to satisfy the "proposed disposable income" requirement. Court determined that debtors' disposable income based on six month historical average was starting point for determining projected disposable income. Where six month average was not accurate, court could consider income and expenses based on debtors' schedules without use of standardized means test deductions.


In re Bella Vista Assocs., LLC, No. 07-18134, 388 B.R. 99 4/24/2008

Chapter 11 debtor in possession brought adversary complaint against bank seeking declaratory judgment that bank's mortgage was void under Pennsylvania law and to avoid the mortgage as fraudulent. Court determined that under Pa law, bank's mortgage, recorded prior to Chapter 11 DIP gained hypothetical bona fide purchaser status had priority even though it was not recorded within the 90 day provision specified in Pa statute. Debtor had constructive notice.


In re Caraballo, No. 02-37664 5/5/2008

Corporate recovery agent sought to withdraw money from the court registry on behalf of bank. Corporations are not permitted to practice law in New Jersey without representation. Motion was denied pending retention of counsel.


In re Kemp, No. 08-18700, 391 B.R. 262 7/17/2008

Chapter 13 debtor moved to reclassify secured claim arising from second mortgage on his personal residence as unsecured. Court determined that an adversary proceeding was not necessary and that the matter could be resolved by motion.


In re THCR/LP Corp., No. 04-46898 8/1/2008

Counsel for the Equity Committee sought an enhancement of the lodestar amount in its final fee application in light of the extraordinary result that it obtained for the debtor's public non-insider shareholders. The court determined that enhancement was permissible in rare and exceptional cases with a 30% cap.